Chapter 3701-9 Tattoo and Body Piercing Services

(A)
"Aftercare"
means verbal and written guidelines, specific to the body art procedure(s)
performed, about caring for the body art and the surrounding area. These
guidelines shall include, but not be limited to, information about physical
restrictions, wound care, signs and symptoms of infection, and when to seek
medical treatment, if necessary.

(C)
"Approval" means written approval from the board of
health indicating that the body art establishment has been inspected and meets
all terms of this chapter.

(D)
"Aseptic
technique" means a set of specific practices and procedures performed under
controlled conditions with the goal of minimizing contamination by
pathogens.

(E)
"Board of health" means the board of health of a city
or general health district or the authority having the duties of a board of
health under section 3709.05 of the Revised
Code.

(F)
"Body art" means the practice of physical body
adornment, including tattooing, permanent cosmetics and/or body piercing. This
definition does not include practices that are considered medical procedures by
the state medical board, performed with medical devices, that include but are
not limited to biopsy or dermal punches and scalpels.

(G)
"Body artist"
means an individual, including an operator, who performs one or more of the
following procedures:

(I)
"Body piercing"
means the piercing of any part of the body by someone, other than a physician
licensed under Chapter 4731. of the Revised Code, who utilizes a needle or
other industry specific instrument for the purpose of inserting an object into
the body for non-medical purposes; body piercing includes ear piercing except
when the ear piercing procedure is performed on the earlobe with an ear
piercing gun. Body piercing also includes surface anchors and surface piercing.
This definition does not include practices that are considered medical
procedures by the state medical board, performed with medical devices that
include, but are not limited to, biopsy or dermal punches and
scalpels.

(K)
"Custodian" has
the same meaning as in section
2151.011 of the Revised
Code.

(L)
"Disinfectant" means a product, registered by the
United States environmental protection agency, that kills or destroys nearly
all disease-producing microorganisms, with the exception of bacterial
spores.

(M)
"Ear piercing gun" means a mechanical device that
pierces the ear by forcing a disposable, single-use stud or solid needle
through the earlobe.

(O)
"Guardian" has the same meaning as in section
2111.01 of the Revised
Code.

(P)
"Hand washing" means the process of physically
removing or reducing most microorganisms from the hands by thoroughly washing
all surfaces of the hands and under fingernails with soap and warm running
water for twenty seconds, rinsing hands well under running water and drying
hands throughly with a clean single-use towel or mechanical hand
dryer.

(T)
"Permanent
cosmetics" means a tattoo, by someone other than a physician licensed under
Chapter 4731. of the Revised Code, which includes but is not limited to
eyebrows, eyelids, lips and other parts of the body for beauty marks, hair
imitation, lash enhancement or areola repigmentation. This includes any
procedures referred to as "permanent makeup," "microdermapigmentation,"
"micropigment implantation" or "dermagraphics" and for the purpose of these
rules has the same meaning as "tattoo." This definition does not include
practices that are considered medical procedures by the state medical board,
performed with medical devices that include, but are not limited to, biopsy or
dermal punches and scalpels.

For the purposes of these rules
"standard precautions" incude "universal precautions" as used in section
3730.10 of the Revised
Code.

(Y)
"Surface anchor" means jewelry that is placed into the
upper portion of the dermis, which has one point of entry, which also serves as
the exit that exposes the jewelry stem to air.

(Z)
"Surface
piercing" means any piercing on the surface of the body, under the epidermis
but not to subcutaneous tissue. The piercing canal is under the surface of the
skin with exit and entry points perpendicular to the tissue.

(AA)
"Tattoo" means
any method utilizing needles or other industry specific instruments by someone
other than a physician licensed under Chapter 4731. of the Revised Code, to
permanently place designs, letters, scrolls, figures, symbols or any other
marks upon or under the skin of a person with ink, dye, pigment or any other
substance resulting in an alteration of the appearance of the skin. This
definition does not include practices that are considered medical procedures by
the state medical board, performed with medical devices that include, but are
not limited to, biopsy or dermal punches and scalpels.

(A)
In accordance with section
3730.02 of the Revised Code, no
person shall operate a business offering body art services without first
obtaining approval of the board of health in the jurisdiction in which the
business will operate.

(B)
No person shall construct, install, provide, equip, or
extensively alter a body art establishment until all plans and specifications
for the facility layout, equipment and operation have been submitted to and
accepted, in writing, by the board of health of the city or general health
district in which the business is located. Plans and specifications shall
clearly show the applicable provisions of the rules in this chapter can be met
and shall include, but not be limited to, the following:

(C)
Persons seeking
approval to operate a business offering body art services shall apply to the
board of health of the city or general health district in which the business is
located, on forms the board shall prescribe and provide. The applicant shall
submit all applicable fees and information the board of health determines is
necessary to process the application. Information requested by the board of
health as part of the application process shall include, but not be limited to,
the following:

(1)
The name, address, telephone number, business address,
business telephone number, and occupation of the operator. If the operator is
an association, corporation, or partnership, the address and telephone number
of the entity and the name of every person who has an ownership interest of
five per cent or more in the business;

(2)
The name of each
person or entity who has an ownership interest of five per cent or more in the
business;

(3)
Statement of attestation that the operator intends to
comply with all requirements established by sections
3730.01 to
3730.11 of the Revised Code and
the rules of this chapter; and

(4)
A list of all
body artists who have received adequate training and will be performing body
art services in the body art establishment. ;

(D)
Every person who
intends to open a new body art establishment shall apply for an approval at the
time the plans and specifications are submitted to the board of health. Initial
approvals granted on or after October first shall be effective from the date of
issuance until December thirty-first of the following year, unless suspended or
revoked under section
3730.05 of the Revised
Code.

(E)
Every person who intends to renew an approval to
operate or maintain a body art establishment shall apply to the board of health
on or after November first of each year. Applications received or postmarked
after December thirty-first shall be assessed a penalty as authorized by
section 3709.09 of the Revised
Code.

(F)
Approvals are not transferable and remain valid for
one year, ending December thirty-first. Any change in address or change in
ownership shall require the operator to apply for approval, with payment of all
fees established by the board of health.

(G)
The operator
shall provide evidence and documentation of all applicable fee payments,
inspections and approvals required by this chapter of the Administrative Code
and shall post the current approval in a conspicuous manner on the business
premises.

(H)
Before an approval is initially issued and annually
thereafter, or more often if necessary, the board of health shall conduct
inspections of a body art business under section
3730.03 of the Revised Code. The
board of health or an authorized representative shall have the authority to
enter a body art business at any reasonable time to conduct inspections, and
inspect procedures and conditions relating to the enforcement of sections
3730.02 to
3730.10 of the Revised Code and
this chapter of the Administrative Code.

(I)
In accordance
with section 3730.04 of the Revised Code, the
operator shall give the board of health access to the business premises and to
all records relevant to an inspection.

(J)
The board of
health in the jurisdiction in which a body art business shall operate may
approve such business for the purposes of operating on a time-limited basis, in
conjunction with a specific event. Time-limited body art establishments may be
permitted at such events as fairs, and other time-limited gatherings of people,
if the board of health determines that the operator can substantially meet
provisions contained in these rules. For the purpose of this approval, the
following shall occur:

(1)
Businesses having current approval from a board of
health shall apply for time-limited approval from the board of health in the
jurisdiction in which a specific, time-limited event shall take place. The
applicable board of health may accept the business's current approval as
evidence of substantial compliance with provisions contained in these rules.
While accepting the approval of another board of health, the board of health in
the jurisdiction in which a body art business seeks time-limited approval shall
conduct an inspection of the site in which the operator intends to conduct the
time-limited business to ensure that local standards will be
met.

(2)
Businesses which do not have current approval from a
board of health, or Ohio businesses in jurisdictions from which approval is not
accepted by the board of health in which time-limited approval is being sought,
shall apply for time-limited approval from the board of health in the
jurisdiction in which a specific, time-limited event shall take place. The
applicant shall submit all applicable fees and information the board of health
determines necessary to process the application.

(a)
Information
requested shall assure the board of health being requested for time-limited
approval that the business is capable of meeting the provisions of these
rules.

(b)
In addition to reviewing information submitted by the
business, the board of health in the jurisdiction in which a body art business
seeks time-limited approval shall conduct an inspection of the site in which
the operator intends to conduct the time-limited business to ensure that local
standards will be met. The board of health shall take into consideration the
use of resources utilized to promulgate provisions of this paragraph when
determining an appropriate fee.

(K)
The board of
health may, in accordance with rule
3701-9-09 of the Administrative
Code, refuse to grant an approval or may suspend or revoke any approval issued
to any person for failure to comply with the requirements of Chapter 3730. of
the Revised Code or this chapter of the Administrative Code.

(L)
Any person
aggrieved by the board of health's denial of plans or refusal to grant an
approval may, within thirty days following receipt of the board of health's
notice, request a hearing on the matter. The hearing shall be held in
accordance with rule
3701-9-09 of the Administrative
Code and may be appealed in the manner provided in that rule.

(M)
Operators of an
approved business performing body art services, other than those utilizing an
ear piercing gun, shall ensure that services are not performed outside the
business premises, unless the board of health has provided approval for a
time-limited operation.

(A)
Each
board of health shall utilize the cost methodology specified in rule
3701-36-14 of the Administrative
Code to calculate fees for providing services specified in section
3730.03 of the Revised Code. The
calculated fees shall not exceed the cost of issuing approvals and inspecting
body art establishments.

(B)
All fees collected
by the board of health shall be deposited into the health fund of the district
that the board serves. The fees shall be used solely for the purpose of
implementing and enforcing sections
3730.01 to
3730.11 of the Revised Code and
the rules of this chapter.

(C)
Each fee established by the board of health
pursuant to section 3709.09 of the Revised Code
shall be specified in accordance with the following categories:

(D)
Fees authorized
or charged at the rate determined under paragraph (A) of this rule are in lieu
of all approval and inspection fees on or with respect to operation and
ownership of a body art establishment within this state, except that the board
of health may charge additional reasonable fees for the collection and
bacteriological examination of any necessary water samples taken from such
establishment.

The operator of a body art
establishment shall ensure that the business complies with the
following:

(A)
The premises shall have an area of at least one
hundred square feet. The floor space for each individual performing body art
services shall have an area of at least thirty six square feet. These areas
shall be adequately spaced, or separated from each other by fixed partitions.
Complete privacy shall be available upon a patron's request.

(B)
The entire
procedure room and all equipment shall be maintained in a clean, sanitary
condition and in good repair.

(C)
A minimum of at
least twenty foot-candles of artificial light at a distance of thirty inches
above the floor shall be provided throughout the establishment. A minimum of
forty foot-candles of light shall be provided at the level where the body art
is being performed. Spotlighting may be used to achieve this required degree of
illumination.

(D)
All floors directly under equipment used for body art
shall have an impervious, smooth, and washable surface.

(E)
All tables and
other equipment shall be constructed of easily cleanable material, with a
smooth finish.

(F)
Restroom facilities shall be made available to the
body artists and patrons and shall be located within the establishment. The
restroom shall be accessible at all times the body art establishment is open
for operation. The restroom shall be equipped with a toilet, toilet paper
installed in a holder, hand washing sink supplied with hot and cold running
water, liquid or granulated soap and single-use towels or mechanical hand
dryer. Equipment and supplies used for body art procedures or disinfection and
sterilization procedures shall not be stored or utilized within the
restroom.

(G)
A hand washing sink, with hot and cold running water,
liquid or granular soap, and single-use towels or mechanical hand dryer shall
be located separate from the restroom and in close proximity of each body
artist performing a procedure.

(H)
There shall be
no overhead or otherwise exposed sewerage lines so as to create a potential
hazard to the sanitary environment of the business.

(I)
Sufficient and
appropriate receptacles shall be provided for the disposal of used gloves,
dressings, and other trash. Each receptacle shall have a lid and be kept closed
at all times while not in use.

(J)
Animals shall
not be permitted in the body art establishment. This requirement does not apply
to patrol dogs accompanying security or police officers, guide dogs, or other
support animals accompanying disabled persons.

(K)
Unless medically
necessary, no food or drink shall be consumed, contact lenses be handled,
cosmetics be applied, personal grooming performed, personal vaporizing
(including electronic cigarettes) devices be handled, or other similar
activities be conducted in rooms used specifically for body art or
sterilization procedures.

(L)
All water supplies, waste water disposal systems,
solid waste disposal, and infectious waste disposal shall meet requirements of
the Ohio environmental protection agency, the Ohio department of health or the
local health department, as appropriate.

(3)
Records of
completion, courses or seminars provided by licensed physicians, registered
nurses, organizations such as the american red cross, accredited learning
institutions, appropriate governmental entities, real-time online providers or
other authorities recognized by the board of health as being qualified to
provide training in the following:

(b)
Standard
precautions for preventing transmission of bloodborne and other infectious
diseases.

(N)
Within one year
of the effective date of this rule, the operator of an existing and approved
body art establishment shall submit, to the board of health for approval, a
written infection prevention and control plan prepared in accordance with
paragraph (B) (8) of rule
3701-9-02 of the Administrative
Code. The plan shall kept up to date and resubmitted to the board of health as
necessary.

(2)
They knowingly
have, in a communicable stage, an infectious or contagious disease, parasitic
infestation, exudative lesions or weeping dermatitis. They shall avoid contact
with patrons and equipment until the condition is healed. Any cuts, sores or
abrasions shall be adequately covered with a bandage.

(P)
In
accordance with section
3730.06 of the Revised Code, no
person shall perform a body art procedure, or ear piercing procedure with an
ear piercing gun on an individual who is under eighteen years of age, unless
consent has been given by the individual's parent, guardian, or custodian in
accordance with the following:

(1)
A parent, guardian, or custodian of the individual
under eighteen years of age signs a document provided by the business that
explains the manner in which the procedure will be performed, the specific part
of the body upon which the procedure will be performed, and the methods for
proper care of the affected body part following the procedure;
and

(2)
A parent, guardian, or custodian of an individual
under eighteen years of age appears in person at the business at the time the
procedure is performed.

(3)
No body art procedure shall be performed on the
nipple, areola or genital area of any individual under the age of
eighteen.

(Q)
Prior to performing the procedure, the body artist
shall inquire of a patron if they have conditions which could affect the
healing process. Body art procedures shall not be performed on patrons that
indicate the presence of such a condition without documentation from a licensed
physician indicating acceptance of the patient for appropriate care following
the procedure.

(R)
Body art procedures shall be performed only on a
healthy skin surface.

(1)
Sterile
instruments and aseptic techniques shall be used at all times during a
procedure;

(2)
Hand washing shall be performed before and after each
procedure. Fingernails shall be kept short and clean;

(3)
Clean,
previously unused gloves shall be worn throughout the entire procedure,
including setup and tear down. If the gloves are pierced, or torn, or if they
become otherwise contaminated or compromised, hand washing shall be performed
and a new pair shall be put on immediately. If the body artist leaves the area
during the procedure, gloves shall be removed before leaving, hand washing
shall be performed and a new pair of gloves shall be put on when returning.
Under no circumstances shall a single pair of gloves be used on more than one
patron;

(4)
Only sterilized, single use, disposable needles shall
be used on a patron. All used needles and associated needle bars shall be
properly disposed of immediately after the procedure;

(5)
If shaving is
necessary, single use disposable razors shall be used. Used razors shall be
properly disposed of in an appropriate sharps container;

(6)
All marking
instruments shall be single use or be manufactured to sterilize by
design;

(7)
All products used to address the flow of blood or to
absorb blood shall be single use and disposed of properly. No individual
performing a body art procedure shall use styptic pencils, alum blocks or other
solid styptics to address the flow of blood;

(8)
After any body
art service and prior to the next, all procedure areas shall be cleaned and
disinfected with an approved disinfectant;

(9)
All soaps, inks,
dyes, pigments, ointments, and other products shall be dispensed and applied
using an aseptic technique and in a manner to prevent contamination of the
original container and its contents. Applicators shall be single use and
disposed of properly;

(10)
Any equipment intended for use that is not single use
shall be disinfected and sterilized between patrons. Equipment that cannot be
sterilized shall be disinfected between use; and

(T)
Each patron shall be provided with verbal and written
aftercare guidelines following any body art procedure.

(U)
Body artists
shall work with the board of health when a complaint of obvious infection is
directly related to the body art procedure.

(V)
The disposal of
waste items including, but not limited to needles, razors and other supplies
capable of causing lacerations or puncture wounds, generated through the
provision of any body art procedure shall be disposed in accordance with
Chapter 3745-27 of the Administrative Code.

(W)
A record of each
body art procedure shall be maintained for at least two years. The record shall
include, but not be limited to, the following:

In addition to the requirements of rule
3701-9-04 of the Administrative
Code, the operator shall ensure that the business and all persons performing
tattooing procedures shall comply with the following:

(A)
Prior to a
procedure, the area of the patron's body to be tattooed, shall be thoroughly
cleaned with soap and water, then prepared with an antiseptic solution that is
applied with a clean single use gauze square, cotton ball or square, cotton
swab or other clean, absorbent,disposable material.

(B)
All products
applied to the skin, including but not limited to stencils, shall be single use
and disposable. Stencils shall be dispensed and applied on the area to be
tattooed with a clean paper towel or an applicator in a manner to prevent
contamination of the original container and its contents. Petroleum-based
products shall not be used in conjunction with latex gloves.

(C)
Only
commercially manufactured inks, dyes, or pigments that are intended for
tattooing shall be used. Powdered dyes shall be liquified as recommended by the
manufacturer. Unless approved by the manufacturer, ink, dye or pigment colors
shall not be adulterated by the body artist. Single use containers of inks,
dyes or pigments shall be used for each patron and the body artist shall
discard the container and remaining dye or ink upon completion of procedure. If
non-disposable containers are used, they shall be sterilized before reuse. The
body artist performing the procedure shall remove excess dye, pigment or ink
from the skin with single-use gauze squares, cotton balls or squares, cotton
swabs, or other clean, absorbent, disposable material.

(D)
The body artist
shall wash the completed tattoo with a single use gauze square, cotton ball or
square or cotton swab, saturated with an appropriate antiseptic solution
approved by the board of health. The tattooed area shall be allowed to dry,
after which the body artist shall apply a sterile, non-occlusive, single use
dressing secured with non-allergenic tape to the site. Non-medical use paper
products including, but not limited to, napkins and tape for dressing shall not
be used.

In addition to the requirements in rule
3701-9-04 of the Administrative
Code, the operator shall ensure that the business and all persons performing
body piercing services shall comply with the following provisions:

(A)
Prior to a
procedure, the area of the patron's body to be pierced shall be thoroughly
cleaned with soap and water, then prepared with an antiseptic solution that is
applied with a clean, absorbent disposable material. In the case of oral
piercings, the patron shall be provided with alcohol-free, antiseptic mouthwash
in a single use cup and shall ensure that the patron utilizes the mouthwash
provided to thoroughly rinse the affected area. In the case of a lip, labret,
or cheek piercing, procedures described in this paragraph for both skin and
oral piercings shall be followed.

(B)
Only sterilized
jewelry made of ASTM F136 compliant titanium or ASTM F138 compliant steel,
solid fourteen karat or eighteen karat white or yellow gold, niobium, or
platinum, shall be placed in a new piercing. Mill certificates for jewelry
shall be maintained at the body art establishment.

In addition to the requirements in paragraphs
(M) and
(N) of rule
3701-9-04 of the Administrative
Code, the operator shall ensure that the business and
all persons performing ear piercing services with a piercing gun
comply with the following
:

(A)
Individuals
providing ear piercing services with an ear piercing gun shall be
trained in accordance with the manufacturer's specifications
to properly use, clean, disinfect sterilize and
store the ear piercing gun, in accordance with the rules of this
chapter.

(B)
The individual
performing the procedure shall wear a clean, new pair of
gloves
for each
piercing performed.

(C)
The ear
piercing gun shall be cleaned and disinfected between uses on each patron, by
utilizing the following :

(1)
If the piercing
gun, other than that described in paragraph (C) (2) of this rule,
utilizes disposable, single-use, sterilized studs to pierce the ear, after each
use of the gun, the piercing gun shall be placed in an
ultrasonic cleaner or scrubbed with an
antibacterial detergent and brush to remove any foreign matter; or

(2)
If the piercing gun is designed so that all
parts of the gun that touch the patron's skin are disposable, such parts shall
be removed from the gun and disposed of in an appropriate receptacle;
and

(3)
Following initial
cleaning procedures appropriate for the type of ear piercing gun used, as
described in paragraphs (C)(1) and (C)(2)
of this rule, the ear piercing
gun shall be thoroughly wiped down with an appropriate disinfectant in
accordance with directions for use from the manufacturer of the disinfectant;
and

(4)
In the case of a
visible exposure of the gun to blood, the individual performing the service
shall immediately:

(a)
Place the gun in a
rigid, tightly closed container, before returning the gun to the manufacturer,
in accordance with instructions provided by the manufacturer; or

(b)
Sterilize the gun in accordance with rule
3701-9-08 of the Administrative
Code; or

(c)
Discard the gun in
accordance with Chapter 3745-27 of the Administrative Code.

(D)
The ear piercing
gun shall be stored in a covered container
or cabinet when not in use.

(E)
Prior to performing an ear piercing
procedure with an ear piercing gun, the individual offering the service shall
inform all patrons requesting such services of the frequency and method
utilized to disinfect and sterilize all equipment used in the ear piercing
procedure and the extent to which the methods used destroy disease-producing
microorganisms.

All ultrasonic cleaning units, and
steam sterilizers shall be used, cleaned and maintained in accordance with the
manufacturer's current instructions. The sterilizer shall be maintained in
proper working condition and records of any maintenance performed shall be kept
for at least two years.

Alternate sterilizing procedures may be
used when specifically approved by the board of health.

(B)
Monitoring the function of all sterilizers in accordance with the
following:

(1)
Sterilization pouches that have a process indicator which changes color upon
proper steam sterilization;

(2)
A sterilization
integrator placed in each load or a digital printout from the sterilizer of
each load in accordance with the manufacturer's recommendations, indicating
that minimum conditions existed; and

(3)
A biological
indicator test that is taken and submitted to a lab for analysis on a weekly
basis.

(C)
Documentation that the sterilization indicators,
integrators and biological indicator tests were performed shall be maintained
and shall include, but is not limited to:

(1)
Date and time
the sterilizer load was run or the biological test was
performed;

(2)
The name of the person who ran the sterilization load
or performed the test;

(4)
A copy of the report that a biological indicator test
was conducted by an independent laboratory.

All documentation records shall be
maintained and readily available for each test performed for at least two
years. This documentation may also be kept in each patron's file for all
needles and instruments used on that patron.

(D)
As of the
effective date of this rule, all steam sterilizers in new body art
establishments or replacement steam sterilizers in existing body art
establishments, shall be designed to sterilize hollow instruments and shall be
equipped with a mechanical drying cycle.

(E)
When any wetness
or moisture remains on or within the sterilization pouch, or if the sterilizer
has malfunctioned, the instruments or equipment shall be considered
contaminated and shall be re-packaged and re-sterilized in a functioning
sterilizer prior to use.

(F)
When the process indicator in the pouches and
sterilization integrators or digital printout demonstrate that sterilization
has been achieved, the sterilized instruments and equipment shall remain in the
pouches and be placed into inventory until use.

(G)
When the process
indicator in the pouches and/or the sterilization integrator or digital
printout demonstrate that sterilization has not been achieved, the sterilizer
shall not be used until it is examined to determine the malfunction and
repaired or replaced.

(H)
After sterilization, all equipment and instruments
used for body art shall remain in the sterilization pouch, handled with newly
gloved hands and stored in a clean, dry, closed cabinet, drawer, or other
container reserved for such instruments or equipment. Sterilized instruments or
equipment shall not be used until reprocessed if the integrity of the pouch has
been compromised, is wet or stained, or is otherwise
contaminated.

(I)
The expiration date for sterilized equipment or
instruments is one year from the date of sterilization unless the integrity of
the sterilization pouch is compromised.

(A)
The board of health
may deny, suspend, or revoke approval of a business offering
body art services if the business made any material
misrepresentation to the board, does not meet or no longer meets, or has a
history of non-compliance with the requirements of sections
3730.01 to
3730.11 of the Revised Code and
this chapter of the Administrative Code.

(B)
In the case of a
proposal to deny, suspend, or revoke approval of a business offering
body
art
services, the board of health shall provide the business with written notice of
the proposed action and the cause for the action. The notice shall describe the
procedure for appealing the proposed denial, suspension, or revocation.

(1)
The written notice shall be provided by
certified mail, return receipt requested, or by hand delivery. If the notice is
returned because of failure of delivery, the board of health shall either send
the notice by regular mail to the business location listed on the application,
or conspicuously post the notice at an entrance of the business. In either
case, the notice shall be deemed to have been received on the date it was
mailed or posted.

(2)
The notice
shall state that the business may obtain a hearing under this rule if a written
request for a hearing is mailed or hand-delivered to the board of health's
address specified in the notice, within fifteen days after the affected
business receives or is deemed to have received the notice.

(3)
Upon receiving a timely hearing request,
the board of health shall schedule a hearing before the board or a hearing
officer designated by the board of health. If the board of health provides a
hearing officer, he or she shall be licensed to practice law in Ohio and shall
not have participated in any manner in the decision to take the action against
the operator.

(4)
The board of
health shall mail or hand-deliver notice of the date, time, and place of the
hearing to the operator no less than ten days before the scheduled date. The
board of health may additionally post the notice of hearing at the entrance of
the business.

(5)
The business and
the board of health each shall have one opportunity to reschedule the hearing
date upon specific request to the hearing officer, or if a hearing officer has
not been designated, to the other party. Any other postponements of the hearing
shall be by agreement of the board of health, the business, and the hearing
officer, if one is designated.

(6)
At the hearing, the business shall have the opportunity to present its case
orally or in writing and to confront and cross-examine adverse witnesses. The
business may be represented by its counsel, if desired, and may review the case
record before the hearing. If the board of health has designated a hearing
officer, a member of that board does not have to be present at the
hearing.

(7)
If the hearing is
before a hearing officer, he or she shall prepare a written recommendation as
to the validity of the board of health's action, which shall rest solely on the
evidence presented at the hearing and the statutory and regulatory provisions
governing the board of health's action. The hearing officer shall describe the
basis for his or her recommendation, but need not prepare a full opinion or
formal findings of fact and conclusions of law. The hearing officer shall mail
by certified mail, return receipt requested, or hand-deliver the recommendation
to the board of health and the operator. Either party may file objections to
the recommendation provided that the objections are received by the board of
health within five days of receiving a copy of the recommendation from the
hearing officer.

(8)
After
reviewing any timely objections, the board of health may by motion take
additional evidence or approve, modify, or disapprove the hearing officer's
recommendation and shall enter an order in the record of its
proceedings.

(9)
If the board of
health does not receive a timely request for hearing, the board may immediately
enter an order as proposed in the notice.

(C)
In the case of a suspension of approval for a
violation presenting an immediate danger to the public health, the board of
health shall provide the business with written notice of the action, the cause
of the action, and the effective date of the action. The written notice shall
specify the procedure for appealing the suspension and shall list the address
to which a hearing request shall be sent or delivered. The business may appeal
the suspension by mailing or hand-delivering a written request for hearing to
the address specified in the notice. If a hearing is requested, it shall be
heard not later than two business days after the request is received by the
board of health. At the hearing, the business shall have the opportunity to
present its case orally or in writing and to confront and cross-examine adverse
witnesses. The business may be represented by its counsel, if desired, and may
review the case record before the hearing. At the hearing, the board of health
shall determine whether the immediate danger to the public health continues to
exist.

(D)
Any determination
made or order entered by the board of health pursuant to this rule shall be
made by a majority vote of the members of the board present at a meeting at
which there is a quorum. If the board of health conducts the hearing, the board
may immediately render a decision denying, suspending, or revoking approval, or
render a decision removing or continuing an approval suspension. The
determination or order may be considered and made at a meeting without
publication or advertisement, and may become effective without such publication
or advertisement, recording or certifying. An order is not effective until it
is recorded in the board of health's record of its proceedings.